State v. Hanson
This text of 764 P.2d 1383 (State v. Hanson) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Defendant appeals his conviction for driving while suspended. The state concedes that the Motor Vehicles Division erroneously suspended defendant’s driver’s license, because the statutes that it purported to rely on (former ORS 482.440 and ORS 484.415(1)) had been repealed when MVD issued its suspension notice on February 2,1987. See Or Laws 1985, ch 16, § 3(4). The statute in effect at that time, ORS 809.300(3), did not authorize MVD to suspend defendant’s license.
Because defendant’s license had not been suspended validly at the time he was charged with driving while suspended, he may not be convicted of that offense.
Reversed.
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Cite This Page — Counsel Stack
764 P.2d 1383, 94 Or. App. 447, 1988 Ore. App. LEXIS 2208, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hanson-orctapp-1988.